the existing law does not allow for it. it specifically is off the table. but he could have been interrogated and held for a number of months as an enemy combatant and just like happened to others, he could have been transferred to the criminal justice system to be prosecuted. >> ifill: excuse me. since we no knew that is not going to happen and the administration has made very clear what their approach will be i would like to focus on the challenges now ahead for the prosecutors and for the defense in a case like that. laura murphy. >> first of all, they have to get their facts together. we just don't know what the facts are in this case. we cannot say that this individual agreed with his older brother's ideological beliefs. we don't know that. so this person has counsel. counsel is going to meet with this person to make sure that the charges are fair and build a case based on the facts. we can't predict how this case is going to go. we know that the federal government has to conform with rules of evidence and we think that they are going about this prosec